Maternity leave question - I'm one of three partners (the other two are men) at a small firm with 4 associates and will need to take maternity leave next year. I'm not sure what to ask my partners for as far as compensation during that time. Technically I am supposed to get X% of profits, but obviously the firm is going to take in much less money if I'm not working. Is it fair to ask for all of that? Should I offer to take half of what I would normally get? Any insight is appreciated!

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I’m not a partner, so I can’t speak to that. But I’m guessing the % profits is in your contract, and also guessing you’ve worked like hell while at the firm. You’ve earned it, and your family needs you, get that $.

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Also, be aware of what you’re entitled to under federal and your state law. I imagine your profit % should be on top of the state baseline. Remember that people in other countries get years paid for maternity!

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How long is the leave you’re anticipating taking? Assuming this is the first time any partner has taken leave, I’d start with what you’re expected to receive. Can your associates largely manage your cases? Don’t negotiate against yourself. If your partners want to bring it up, go from there?

At the end of the day, in a small firm, you all have to decide how to deal with situations like that. While your partners won’t need maternity leave, that’s not to say a situation won’t arise where they need time away. What’s the expectation in that situation?

I would think long and hard about what you want your firm culture to be. If you take a pay cut on maternity leave, then you set that precedent for all other attorneys in your office. How do you want the associates to be treated and how will that impact retention/hiring? What happens on paternity leave too? Is that unpaid or reduced/short term disability pay? Why happens if someone has to go out on non-parental medical leave? Personally for me, the answer is that no, I’m not taking a pay cut when I go out on maternity leave, except to the extent that the lack of my billables impacts profitability for the firm, which is going to reduce pay for all partners.

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